By Joseph Kihanya LLB,LLM
Kenya has never been afraid to experiment with technology. From the liberalization of telecommunications in the 1990s, the launch of M-PESA in 2007, to the bold if contested rollout of Huduma Namba in 2019, each milestone in our digital story has carried lessons about innovation, governance, and public trust.
Some of these efforts have been celebrated globally. M-PESA, born from a uniquely Kenyan spirit of adaptability, put us on the map as a digital finance pioneer. Others, like Huduma Namba, revealed the risks of moving too quickly without embedding safeguards of privacy, inclusivity, and meaningful public participation. The passage of the Data Protection Act in 2019, accompanied by the creation of the Office of the Data Protection Commissioner, showed how legal and institutional reform can restore confidence when trust wavers.
These historical examples remind us that technology policy cannot succeed by design alone. It must be shaped with, by, and for the people it seeks to serve.
Why History Matters for Today’s Initiatives
The recent launch of Kenya’s Data Governance Framework (10th September 2025) and the Digital Public Infrastructure (DPI) Roadmap (12th September 2025) comes at a critical time. These initiatives promise to unlock opportunities in digital identity, interoperable payments, secure data-sharing, and AI-driven governance. But they also raise critical questions: Whose data will be collected? How will it be used? Who benefits, and who risks being left behind?
Here, the lessons of history become benchmarks:
- From Huduma Namba, we learn the importance of public dialogue and robust safeguards to prevent exclusion.
- From M-PESA, we see how innovation thrives when citizens trust and adopt a system because it meets real needs.
- From the Data Protection Act, we understand that law and regulation must accompany technological rollouts, not follow as afterthoughts.
- From the Access to Information Act (2016), we see how transparency builds legitimacy, particularly when state and citizen power is uneven.
If Kenya applies these lessons well, the new initiatives can avoid the pitfalls of past experiments and deliver on the promise of inclusive, rights-respecting digital transformation.
Public Participation as the Bridge
The Constitution makes public participation a cornerstone of governance. The Supreme Court, in Attorney-General & 2 others v Ndii & 79 others; Dixon & 7 others (Amicus Curiae) [2022] KESC 8 (KLR) , was unequivocal: the people are the source of all power, and public participation is not a privilege extended by government, it is an obligation owed by government.For data governance and DPI, public participation is not simply a procedural step. It is the bridge between technical design and democratic legitimacy. Done well, it ensures that frameworks are not only efficient but also trusted, fair, and future-proof.
Five Principles of Participation for Data Governance and DPI
As MoICDE and its partners guide these new frameworks, five principles should ground their approach:
Inclusivity Beyond the Usual Voices
History shows that participation often skews toward urban elites. This time, DPI and data governance consultations must bring in rural communities, persons with disabilities, women in informal economies, and youth innovators. When digital ID is designed with input from marginalized groups, exclusion risks are minimized.
Transparency Anchored in Access to Information
Policy drafts, impact assessments, and procurement contracts for DPI should be proactively disclosed. Citizens cannot hold the government accountable if decisions are made in opacity. Transparency not only prevents corruption but builds legitimacy.
Feedback That Closes the Loop
Too often, consultations end with little clarity on how citizen views shaped outcomes. The new processes should commit to publishing feedback reports showing which recommendations were adopted, adapted, or rejected and why.
Deliberative Dialogue, Not Checkbox Consultations
History teaches us that box-ticking consultations undermine trust. Instead, participatory assemblies,whether online or in-person.should allow dialogue between experts, communities, and policymakers. This is especially vital for complex questions of AI ethics, cross-border data flows, and DPI financing.
Co-Ownership and Shared Oversight
Trust grows when citizens see themselves as co-owners, not passive recipients. Multi-stakeholder oversight bodies for DPI projects,comprising government, civil society, academia, and private innovators, can institutionalize co-ownership and create accountability.
Data Governance: From Control to Trust
The Data Protection Act gave Kenya a legal foundation, but laws alone cannot sustain trust. The future of data governance depends on citizen confidence.
- On data portability and interoperability, citizens should know they can move their data without penalty or exclusion.
- On AI and algorithmic systems, ethical frameworks must be shaped through dialogue with affected communities, not just coders.
- On government-held datasets, citizens must trust that their personal data will be safeguarded and used only for lawful, transparent purposes.
Here, lessons from Huduma Namba are especially important: participation must be designed to anticipate concerns of exclusion, discrimination, and misuse.
DPI: Building With, Not For, Citizens
The promise of DPI lies in enabling citizens to transact, identify themselves, and access services seamlessly. But history warns us: infrastructure without legitimacy breeds resistance.
- Digital ID: must include strong opt-out and redress mechanisms.
- Payment systems: must be affordable for micro-enterprises and accessible even to those with low digital literacy.
- Civic tech platforms: must prioritize citizen needs,complaints resolution, participatory budgeting, and local service tracking, over bureaucratic convenience.
These are not just technical design issues; they are governance questions. They can only be answered legitimately through inclusive, iterative participation.
Role of Development Partners
Development partners have been key actors in Kenya’s digital transformation. But past initiatives sometimes appeared donor-driven, raising questions of sovereignty. In these new processes, partners should align funding and technical expertise with Kenya’s constitutional principles of openness and participation.
They can support by:
- Financing citizen assemblies and participatory platforms.
- Building capacity for grassroots groups to engage in technical policy debates.
- Ensuring independent evaluation of DPI projects.
In doing so, they will help ensure Kenya’s digital future reflects its people’s voice, not external agendas.
What Final Results Are Needed
If Kenya is to succeed with these initiatives, the outcomes must be more than policy documents. They must deliver:
- A citizen-centered Data Governance Framework, rooted in trust, rights, and accountability.
- A DPI Roadmap that is inclusive and equitable, ensuring that no community is excluded from digital ID, payment systems, or e-services.
- Institutional mechanisms for oversight, including multi-stakeholder boards and transparent grievance redress systems.
- A culture of participation, where public input is valued not as a hurdle but as a cornerstone of policy legitimacy.
These are the results that will distinguish the new initiatives from past experiments and cement Kenya’s reputation as a leader in digital governance.
Conclusion: Building a Future Together
Kenya’s history in digital innovation is a story of both boldness and humility,boldness to try new ideas, humility to learn from mistakes. The new Data Governance and DPI initiatives must carry forward that spirit.
By embedding genuine public participation, MoICDE and its partners can ensure these frameworks are not only innovative but also just, inclusive, and trusted.
As we move forward, let us remember: technology is not just about efficiency; it is about people. It is about giving every Kenyan a voice in shaping the digital systems that increasingly define daily life. The true test of success will be whether the digital revolution uplifts communities, strengthens democracy, and creates a more inclusive society where no one is left behind.